Interplay Countersuing Bethesda

October 19, 2009 -

The Fallout continues in court between Bethesda and Interplay over the deal that gave Betheda the rights to Fallout 3, Fallout 4 and Fallout 5.

According to a post on the Raging Bull forums by a user named frymuchan, Interplay has gotten a 10-day extension to answer a preliminary injunction filed by Bethesda. The crux of the issue seems to be that Bethesda is upset that Interplay started selling the original Fallout games after Fallout 3 was released. Interplay asserts that it retained those rights when it licensed out the future Fallout games to Bethesda.

Also, the post mentions that Interplay is countersuing Bethesda over assertions that Bethesda made to third parties in reference to the licensing agreement, hurting Interplay's business.

In regards to the Fallout MMO:

Interplay is stating that they fulfilled all rights of the agreement and told Bethesda such in a letter that posted prior to the agreement date in April of 2009, but Bethesda suddenly told Interplay, for no good reason, that they can no longer develop Fallout MMORPG. (Thus, Interplay is implicityly acknolwedging that they raised the requisite 35 million, which is very, very good news). Interplay was not allowed to sublicense the Fallout MMORPG out, as part of the original agreement, but Interplay craftily avoided this by not assigning any rights to Masthead Studios. Masthead studios is simply a technology and finance raising venture. Masthead does not get any rights to Fallout and was not sold Fallout MMORPG (sublicensing).

Frymuchan, who makes no secret that he is pro-Interplay, posted a followup as well:

What really blew me away was that Interplay argued in their court documents that Bethesda breached the contract and messed with Interplay every step of the way (such as sending letters to everyone that Interplay tried to sell the original Fallout games to) to such an extent that the contract is now null and void and therefore the former contract is in effect which states that Interplay owns the Fallout license and Bethesda sublicenses it and only has rights to Fallout 3 and Fallout 4 and Fallout 5. Instead of Interplay oweing Bethesda royalties from Fallout MMORPG, Bethesda should pay Interplay royalties from Fallout 3, in excess of 15-20 million (estimated) as well as damages to Interplay's name, etc. What an amazing, brilliant legal stroke that would be if Interplay pulled this off and REGAINED the Fallout license (AMAZING LEGAL SWITCHAROO) and to boot got a huge, huge settlement from Bethesda to use toward remaking their old games and/or toward Fallout MMORPG.

It will be interesting to see how this plays out in the courts, since there is obviously no love lost between Interplay and Bethesda, particularly given the huge success of Fallout 3 and the subsequent calmor over the revelation of the Fallout MMO. We'll continue to follow this once the 10-day extension is up.


Comments

Re: Interplay Countersuing Bethesda

It's also been established I couldn't care less if someone thinks I have credibility or not. Keep trying kid.

--------------------------------------------------

I LIKE the fence. I get 2 groups to laugh at then.

-------------------------------------------------- I LIKE the fence. I get 2 groups to laugh at then.

Re: Interplay Countersuing Bethesda

My opinion IS fact. Deal with it.

--------------------------------------------------

I LIKE the fence. I get 2 groups to laugh at then.

-------------------------------------------------- I LIKE the fence. I get 2 groups to laugh at then.

Re: Interplay Countersuing Bethesda

You've lost what little credibility you had left with a statement like that.

Re: Interplay Countersuing Bethesda

Like I care if I have credibility in your eyes. Get over yourself.

Come to think of it, who the hell ARE you anyway?

--------------------------------------------------

I LIKE the fence. I get 2 groups to laugh at then.

-------------------------------------------------- I LIKE the fence. I get 2 groups to laugh at then.

Re: Interplay Countersuing Bethesda

if ti had more balance and equipment it not be a shallow shoot fest like bioshock >>


Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Interplay Countersuing Bethesda

I've also only ever played ONE game more buggy, glitchy and down-right broken straight out of the box. Ironically this game was Call of Cthulhu:Dark Corners of the Earth, also by Bethesda. At least they sorta fixed FO3 mind, they just abandoned CoC and let the fans make patches to get past a couple of game-killingly broken sections.

Well, more accurately, Bethesda refused to finance the developers to make the patches.

--------------------------------------------------

I LIKE the fence. I get 2 groups to laugh at then.

-------------------------------------------------- I LIKE the fence. I get 2 groups to laugh at then.

Re: Interplay Countersuing Bethesda

beth just published COC, and damn that was one fo the ebtter games I have ever palyed bugs be damned, FO3 sucks in comparasion...


Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Interplay Countersuing Bethesda

Yeah, but my point is that Bethesda refused to grant additional funding for the game to actually ensure it WORKED, and then when it emerged it was badly broken and needed patching, refused to fund the development of the patching, and eventually forced the developers to shut-down.

--------------------------------------------------

I LIKE the fence. I get 2 groups to laugh at then.

-------------------------------------------------- I LIKE the fence. I get 2 groups to laugh at then.

Re: Interplay Countersuing Bethesda

Ah is not modern media grand?


Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

 
Forgot your password?
Username :
Password :

Poll

Who's responsible for crappy Netflix performance on Verizon?:

Shout box

You're not permitted to post shouts.
SleakerAhh.. I have a feeling it's because they wanted to put up their own games on their own store.07/24/2014 - 10:56am
MaskedPixelanteRemember in 2012 when they decided to include new releases? That's when the whole service fell apart for me.07/24/2014 - 10:47am
Sleaker@MP - sold out? I thought they were always like this.07/24/2014 - 10:46am
E. Zachary KnightHowever, there are still a good number of games that have viable linux versions already and are currently in their games library that are not yet in the Linux store.07/24/2014 - 10:40am
E. Zachary KnightI for one am glad to see them finally support Linux. It has been a long time coming.07/24/2014 - 10:39am
MaskedPixelanteFrankly, I think GOG is on a quality downswing since they sold out.07/24/2014 - 10:22am
SleakerMy respect for them can't get any lower at this point, but at least they cut the bullshit I called them on back when they said it wasn't plausible to release on linux.07/24/2014 - 8:59am
SleakerGoG.com is retconning their previous 'We can't do linux support statements': http://www.gog.com/news/gogcom_now_supports_linux07/24/2014 - 8:58am
MaskedPixelantehttp://www.nerdist.com/wp-content/uploads/2014/07/WW_Cv36.jpg The new Wonder Woman design, created specifically to shut people up about Gal Gadot being too skinny to play Wonder Woman.07/24/2014 - 8:12am
InfophileVery nice article, Zen. I definitely agree that many devs won't support something unless everyone has it. So many other examples from the past, even as far back as the SNES and accessories for it like the mouse or superscope.07/24/2014 - 5:40am
ZenWrote up a story about people wanting Nintendo to drop the GamePad...and why I think it needs to stop. :) http://bit.ly/1raIQvv Let me know what you think!07/23/2014 - 10:53pm
MaskedPixelanteHey, so remember that "redeem your Sims 2 key on Origin for a free copy of the all-in-one edition" promotion? Well, it didn't work, so to make up for it, just go into your Origin profile and redeem the product key "I-LOVE-THE-SIMS" for your free Sims 2.07/23/2014 - 9:12pm
Andrew EisenThe Steam controller may have changed again. http://www.vg247.com/2014/07/23/steam-controller-valve/07/23/2014 - 6:46pm
james_fudgePlease use the comments section for bitching about specific articles :) We do read them, after all.07/23/2014 - 10:52am
Andrew EisenThat's unfair but thank you for the tip on the Reddit thread containing the Kickstarter message to backers. The article has been updated.07/23/2014 - 10:50am
SleakerHere's the message Areal backers recieved from Kickstarter: http://www.reddit.com/r/Games/comments/2beqlc/areal_kickstarter_suspended/07/23/2014 - 8:52am
Sleaker@MW - I still think Cogent/Level3 hookups were lacking prior to the comcast switch, but I do think verizon is being dumb here.07/23/2014 - 12:06am
Andrew EisenOf course it's a question. It's got a question mark and everything!07/22/2014 - 6:43pm
Matthew WilsonHate to say it, but that poll is not even a question. there is too much evidence that points to Verizon. http://www.extremetech.com/computing/186576-verizon-caught-throttling-netflix-traffic-even-after-its-pays-for-more-bandwidth07/22/2014 - 6:23pm
 

Be Heard - Contact Your Politician